User guide
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may be required to pay for any technical support (ii)
that you may require in relation to the Trial Version in
accordance with Reckon’s then current charges.
Liability: You acknowledge that subject to clauses 8(b) (d)
and 8(c), and other than as required by the Consumer
Guarantees, Reckon excludes all liability to you for any
loss, damage, liability, costs or expenses suffered by you
relating to the performance or non-performance of the
Trial Version or any breach of this clause 11.
12. GENERAL
Some de ned terms: In this Licence:(a)
Trial Version means Software that has been provided to
you on a temporary basis in order to carry out a trial of
that Software to determine whether you wish to use the
Software on an ongoing basis.
Upgrade means a new version of the Software which
contains additional functionality or other enhancements.
Reckon will determine whether a new version constitutes
an Upgrade or an Update.
Update means a new version of the Software which
contains minor enhancements.
Applicable law: This Licence is governed by the laws (b)
of the State of New South Wales, Australia and by
agreeing to be bound by the terms of this Agreement you
irrevocably and unconditionally submit to the jurisdiction
of the courts of that State.
Consumer Guarantees: Is the consumer guarantees (c)
regime as set out in Schedule 2 to the Competition
and Consumer Act 2010 (Cth) (also referred to as the
Australian Consumer Law), or the Consumer Guarantees
Act 1993 (NZ), as amended from time to time, or other
similar legislation of a state or territory of Australia or NZ
respectively.
Entire Agreement: This Licence contains the entire (d)
agreement between Reckon and you in relation to its
subject matter and supersedes any prior agreements and
understandings, whether written or oral.
Evaluation Fee: The fee set out on the pricing page of (e)
the Website at the relevant time to obtain an Evaluation
Licence to use the Services on trial.
Headings: Clause headings are for ease of reference only (f)
and do not affect the meaning of this Licence.